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Boston racial profiling case could have long-reaching effect on police

BOSTON — The Massachusetts Supreme Judicial Court will soon rule on a case that could have a long-lasting impact on racial profiling during traffic stops.

“It could potentially help promote equal justice under the law and put the burden on the police to keep statistics,” Michael Delsignore said.

DelSignore, a Stoughton defense attorney specializing in OUI arrests, said Commonwealth v. Long could be a landmark case, possibly requiring police departments to track the racial percentage of an officer’s traffic stops.

“With all the issues going on with the George Floyd case, the protests, we need trust and confidence in law enforcement and our Massachusetts Supreme Court can take a big step in getting us there,” said DelSignore.

The case stems from a traffic stop on Savin Hill Avenue in Boston. The driver, Edward Long, was stopped by officers because of an issue with an inspection sticker. Long was ultimately arrested for driving with a suspended license and possessing an illegal firearm.

But his defense team reviewed six years of data and found that although the two officers patrolled neighborhoods with a 44.67% African American population, 80% of the drivers they pulled over were black.

“In this case, the defense lawyer presented a compelling statistical case that race played a role in the traffic stop,” DelSignore wrote in a blog about the case.

At oral argument, the defense asked that the Court require police departments to keep statistical data or have that potential lack of data used against the department at hearing on this issue, according to DelSignore.

Retired Middleborough Police Sergeant Deb Batista believes the idea of racial profiling is overblown.

“We didn’t racial profile,” said Batista.

The 35-year veteran was a certified Drug Recognition Expert, trained to detect people too impaired on drugs or alcohol to drive.

“I think I spent 27 years on midnights and you know at midnight, you can’t tell what the color of the person who is driving the car. You can’t tell anything about the person,” said Batista.

“I think it’s going to have a chilling effect on how officers do their job. Then is the motoring public going to be safe because you don’t want to be labeled a racist?” said Batista.

The SJC heard arguments in March and is expected to issue a decision at any time, DelSignore said.

Long’s attorney, John P. Warren in Boston, did not respond to an email for comment.